This archive report was first published on 13 January 2020.
Family Law Insights with High Court Advocate Anne Agimba ¶
Published on January 13, 2020
As a seasoned High Court Advocate with over 15 years of experience, Anne Mugwere-Agimba has seen the evolution of family law in Kenya. In this exclusive interview, she shares her insights on the complexities of family law, from property disputes to the importance of having a will.
Agimba, a partner at Agimba and Associates Advocates, notes that family law is often misunderstood as being limited to divorce, child maintenance, and succession. However, it encompasses commercial aspects, with property being a major cause of disputes within families.
"When I started working, a growing number of indigenous Kenyans had grown from small-scale investors to owners of multi-million-shilling investments," Agimba recalls. "As such, the demand for consultation around governance of family property was on the rise. I saw it as a ripe opportunity."
Agimba emphasizes the importance of navigating disputes without driving a wedge between the conflicting parties. "As a lawyer, you must recognise that the relationship between husband and wife, siblings and relatives are personal. These relationships must be safeguarded," she advises.
She also highlights the need for clients to be more knowledgeable about their rights, citing the complexity of family wealth and the expansion of disputes. "More international law firms have set up base locally to tap into the opportunities," she notes.
Agimba stresses the importance of having a will, citing the downsides of not having one. "When you die without a will, you leave it to the court to make a decision for you in the way it deems fair," she warns.
She also emphasizes the role of the State in developing a strong policy that guides family businesses, noting that 98% of businesses in Kenya are family-owned.
Agimba concludes by highlighting the importance of mediation, citing that a significant proportion of Kenyans prefer mediation to court.
When asked about her reading habits, Agimba reveals that she reads a lot of autobiographies, journals, and business magazines to keep abreast of global events and economy.
